Work Related Illness Claim
A recent study by the Health and Safety Executive in the UK provides an insight into the scale of work-related illnesses and industrial diseases. Some of the key features are:-
- whilst around 230 people die every year in the UK as a result of an injury at work, thousands of people die every year from work related illness
- more than 2 million people in the UK suffer from an illness that they believe was caused (or made worse) by work
- most of the illnesses involve back, shoulder and neck problems (these fall into a group of musculoskeletal issues) and mental health issues (such as stress, anxiety and depression) – only a relatively small number of the working days lost to illness involve skin disease, lung disease, a hearing issue or an asbestos-related illness
- of the 34 million working days lost through absence in the UK each year, 82% result from work-related ill-health and only 18% from work-related injury
- around 6,000 people die each year from work-related cancers, nearly 70% of them associated with exposure to asbestos
- estimates are that 4,000 people die each year from exposure to fumes, chemicals and dusts at work
Clearly, these statistics are quite striking but can anything be done to help with the suffering they reveal? Possibly. There may be a right to help under the Industrial Injuries Disablement Benefit Scheme, the 1979 Workers’ Compensation Scheme or the 2008 Diffuse Mesothelioma Scheme (reference should be made to the website of the Department for Work and Pensions for information on each of these Schemes). There may also be a right of action against a current or former employer of the individual affected.
Workers have both general and statutory duties owed to them by their employer and, if there is a breach of those duties which results in a worker developing a work-related illness or industrial disease, that worker may be entitled to compensation from the employer.
In some circumstances, compensation claims for work related illnesses can be successful even if the employer has not been at fault. That’s because Scottish law sometimes makes employers liable for illness at work even if they have not been negligent in looking after the welfare of their employees. By way of example, your employer may be liable if you become ill as a result of something done by one of your fellow workers whilst acting in the course of his/her employment. Similarly, your employer can be liable if you become ill because of a malfunction in a new piece of equipment that has just been delivered by a supplier.
Employers have all sorts of duties to their employees and these include duties about the workplace itself (ie the ventilation available, the amount of dust in the atmosphere, the amount of noise, etc, etc) and the provision of suitable protective clothing and equipment (such as face masks and ear protection) where that’s appropriate. A breach of any of those these duties by your employer which results in a work related illness may entitle you to compensation.
We are sometimes asked whether compensation is available for work related mental ill-health (such as stress, anxiety or depression) as well as physical ill health. The answer is “yes”. Your employer’s duty to take reasonable care to avoid you being injured at work covers both physical and mental aspects but it is worth noting that, unlike some other types of work illness claim, compensation claims for work-related mental ill health issues can be very difficult and lawyers in Scotland are seldom prepared to take them forward under a no win no fee arrangement. That being so, these claims usually need to be paid for using one of the other funding arrangements available.
Many of the people who contact us are worried about lodging a claim for compensation with their employer but, usually, there’s no need. The vast majority of employers are highly responsible and take the welfare of their staff very seriously. They recognise that things do go wrong from time to time and they have insurance policies in place to make sure that their staff can be compensated when that happens. As a result, your compensation (or most of it) will come from an insurance company and not be a cost that your employer has to pay.
If you’re unsure whether you may have a valid compensation claim for a work illness or a disease caused by something that happened whilst you were working in Scotland, call us now on 08448 700 800 to discuss how we can help or simply fill in the CALL ME box and we’ll ring you. Alternatively, you can start your claim immediately by answering a few simple questions on the CLAIM NOW page and we’ll do the rest.
Remember – If you have work-related illness or an industrial disease caused by your work in Scotland, your claim is best dealt with by Scottish specialists and you won’t pay a penny for our help, whatever happens.